>> i think they have a right to regulate the entry or the educational or the other kinds of requirements to become a medical doctor or counselor and that's what they do. we're not contending that that's the issue here. but they don't have a right to come into a subject matter of counseling and then license only one viewpoint on that same subject matter. >> jeff, what about that? is this a first amendment issue? >> this is actually a hard case, i think, because it is true that physicians or anyone else can express any kind of opinion they want about homosexuality but it's also true that the state of california can regulate the practice of medicine, including telling doctors and any kind of care providers you can't mislead, give advice that will hurt patients. they can't prescribe laetrile to cure cancer because that doesn't work. what the state of california tried to do here is say that this kind of therapy is harmful, especially to children, and we as the state can stop it. that i think is close to legal, but it is also true that physicians and therapists do have certain rights to expres